Civil Procedure · MBE-tested
Donald Umlauf, as Parent and Natural Guardian of Michael Umlauf, an Infant, Plaintiff, v. County of Chautauqua, Defendant and Third-Party Plaintiff-Appellant. County of Erie, Third-Party Defendant-Respondent
166 A.D.2d 902·New York Supreme Court, Appellate Division·1990·NY
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Opinion
Donald Umlauf, as Parent and Natural Guardian of Michael Umlauf, an Infant, Plaintiff, v County of Chautauqua, Defendant and Third-Party Plaintiff-Appellant. County of Erie, Third-Party Defendant-Respondent.
[MAJORITY]
Order unanimously affirmed with costs. Memorandum: We affirm for the reasons stated in the decision at Supreme Court (Rath, J.). We add only that Kircher v City of Jamestown (74 NY2d 251) does not apply to the facts of this case. (Appeal from order of Supreme Court, Chautauqua County, Rath, J.—summary judgment.) Present—Dillon, P. J., Callahan, Boomer, Green and Balio, JJ.